(1.) THE present complaint is filed by Mr. Rajiv Sharma -complainant No. l who is the husband of the deceased Mrs. Rita Sharma; Master Angad Sharma -complainant No. 2, who is aged about 10 years and Master Umang Sharma -complainant No. 3, who is aged about 8 months and are minor sons of complainant No. l, alleging deficiency in service and medical negligence against opposite party No. l -Helvetia Klinic Pvt. Ltd., where Mrs. Sharma was admitted for delivery of a child; opposite party No. 2 -Dr. (Mrs.) Manjit Kocchhar, a Gynaecologist and Obstetrician, who treated Rita Sharma during her pregnancy and performed caesarean operation in O.P. No. l s clinic, which is owned by Dr. B.R. Sahunja; opposite party No. 3 -Dr. S.P. Rusia, an Anaesthetist, who was on duty and administered anaesthesia to Rita Sharma for caesarean operation; opposite party No. 4 -Dr. Kuldeep Singh, an Ultrasonologist, whose services were hired for Ultrasound tests on Rita Sharma at the recommendations of O.P. No. 2.
(2.) AFTER the complaint was filed, complainants added Mohinder Hospital (opposite party No. 5), where Rita Sharma was transferred from O.P. No. l s clinic for better facilities, and thereafter shifted to Sir Ganga Ram Hospital (O.P. No. 6), where after a short stay, Rita Sharma died. Vide order, dated 8.8.2008, at the request of the learned Counsel for the complainants, who submitted that complainant No. l did not wish to proceed against O.P. Nos. 5 and 6, the complaint against them was dismissed with cost of Rs. 5,000 to be paid to each of them by the complainants and accordingly their names were deleted from the array of the opposite parties. Facts of the case are:
(3.) MRS . Rita Sharma had taken treatment under the medical supervision and care of O.P. No. 2 for her second pregnancy since June 1998 as her first pregnancy was also handled by her as she is fully aware of the medical history. During her pre -natal visits to O.P. No. 2 s clinic, various ultrasound tests were advised and O.P. No. 4 conducted the same. All these reports reflect that pre -natal condition of Mrs. Sharma was normal and the last ultrasound report dated 3.2.1999 in respect of foetal development of child showed that the Placenta was normal, liquor amni was normal and that movement, breathing of the foetus was normal. From January 1999, Mrs. Sharma on the advice of O.P. No. 2, made fortnightly and later weekly visits to her. In February 1999, O.P. No. 2 called her for pre -natal check ups on 3.2.1999, 8.2.1999, 10.2.1999, 12.2.1999 and 13.2.1999. O.P. No. 2 decided to operate Mrs. Sharma for caesarean and fixed originally 24.2.1999, as the date for the same.